B-166729, JUN. 24, 1969
B-166729: Jun 24, 1969
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WHICH HELD THAT THE TEMPORARY QUARTERS ALLOWANCE WAS NOT PAYABLE AFTER AN EMPLOYEE MOVED INTO A HOUSE UNDER A ARRANGEMENT WHEREBY HE WOULD PAY $175 RENT PER MONTH UNTIL FINAL PURCHASE ARRANGEMENTS WERE CONSUMMATED. WAS IN STORAGE AND COULD NOT BE DELIVERED UNTIL SEPTEMBER 17. BECAUSE OF THE HIGH RENTAL OF THE MOTEL QUARTERS HE WAS OCCUPYING AND TO REDUCE THE SCHOOL TRANSPORTATION PROBLEM FOR HIS TWO CHILDREN. HE FEELS THE ADDITIONAL COSTS ARISING THEREFROM IN EFFECT KEPT HIM IN A TEMPORARY QUARTERS STATUS AND THAT THE MOVE INTO THE RESIDENCE DID NOT RESULT IN OBTAINING PERMANENT QUARTERS UNTIL HIS FURNITURE WAS DELIVERED ON SEPTEMBER 17. AFTER A TRANSFER HAS BEEN AUTHORIZED OR APPROVED AND AFTER THE EMPLOYEE AND/OR MEMBERS OF HIS IMMEDIATE FAMILY VACATE THE RESIDENCE QUARTERS IN WHICH THEY WERE RESIDING AT THE TIME OF THE TRANSFER.
B-166729, JUN. 24, 1969
TO MR. VLADIMIR OLEYNIK, CHIEF:
YOUR LETTER OF APRIL 17, 1969, REQUESTS A DECISION ON WHETHER A RECLAIM FOR $256 MAY BE PAID TO DON D. BYRD FOR TEMPORARY QUARTERS ALLOWANCE INCIDENT TO A CHANGE OF HIS OFFICIAL DUTY STATION FROM COLUMBIA TO KANSAS CITY, MISSOURI.
MR. BYRD CLAIMED SUBSISTENCE EXPENSES FOR TEMPORARY QUARTERS IN THE AMOUNT OF $662 FOR HIMSELF AND THREE MEMBERS OF HIS IMMEDIATE FAMILY FOR THE PERIOD FROM AUGUST 25 THROUGH SEPTEMBER 17, 1968. YOU SUSPENDED $256 COVERING THE PERIOD SEPTEMBER 7 TO 17, ON THE BASIS OF OUR DECISION OF MARCH 7, 1967, B-160904, WHICH HELD THAT THE TEMPORARY QUARTERS ALLOWANCE WAS NOT PAYABLE AFTER AN EMPLOYEE MOVED INTO A HOUSE UNDER A ARRANGEMENT WHEREBY HE WOULD PAY $175 RENT PER MONTH UNTIL FINAL PURCHASE ARRANGEMENTS WERE CONSUMMATED.
MR. BYRD RENTED RESIDENCE QUARTERS EFFECTIVE SEPTEMBER 3, 1968. HIS FURNITURE, HOWEVER, WAS IN STORAGE AND COULD NOT BE DELIVERED UNTIL SEPTEMBER 17. BECAUSE OF THE HIGH RENTAL OF THE MOTEL QUARTERS HE WAS OCCUPYING AND TO REDUCE THE SCHOOL TRANSPORTATION PROBLEM FOR HIS TWO CHILDREN, HE MOVED INTO THE RESIDENCE QUARTERS ON SEPTEMBER 6. DURING THE PERIOD SEPTEMBER 7 TO 17, MR. BYRD HAD TO RENT BEDS AND HAD NO APPLIANCES FOR COOKING, REFRIGERATION, OR LAUNDRY. HE FEELS THE ADDITIONAL COSTS ARISING THEREFROM IN EFFECT KEPT HIM IN A TEMPORARY QUARTERS STATUS AND THAT THE MOVE INTO THE RESIDENCE DID NOT RESULT IN OBTAINING PERMANENT QUARTERS UNTIL HIS FURNITURE WAS DELIVERED ON SEPTEMBER 17.
SECTION 2.5B (3) OF BUREAU OF BUDGET CIRCULAR NO. A-56 PROVIDES:
"TEMPORARY QUARTERS REFER TO LODGING OBTAINED TEMPORARILY, AFTER A TRANSFER HAS BEEN AUTHORIZED OR APPROVED AND AFTER THE EMPLOYEE AND/OR MEMBERS OF HIS IMMEDIATE FAMILY VACATE THE RESIDENCE QUARTERS IN WHICH THEY WERE RESIDING AT THE TIME OF THE TRANSFER, UNTIL THE EMPLOYEE MOVES, WITHIN THE ALLOWABLE 30 OR 60 DAYS' TIME LIMIT, INTO PERMANENT RESIDENCE QUARTERS.'
AMONG RELATED DECISIONS IN ADDITION TO B-160904 WE HAVE HELD THAT A MOVE FROM TEMPORARY QUARTERS TO AN UNFURNISHED APARTMENT CONSTITUTED PERMANENT QUARTERS NOTWITHSTANDING THE NEED TO RENT FURNITURE, B 161530, JUNE 14, 1967, COPY ENCLOSED; THAT OCCUPANCY OF A PERMANENT RESIDENCE TRAILER PRIOR TO THE TIME OF COMPLETING GAS AND WATER CONNECTIONS CONSTITUTED PERMANENT RESIDENCE QUARTERS WHICH PRECLUDED THE PAYMENT OF SUBSISTENCE EXPENSES, B- 162044, AUGUST 9, 1967, COPY ENCLOSED; THAT OCCUPANCY OF A VACANT HOUSE RENTED AS PERMANENT RESIDENCE PRIOR TO ARRIVAL OF HOUSEHOLD GOODS PRECLUDES PAYMENT OF SUBSISTENCE EXPENSES, B-161363, MAY 8, 1967, COPY ENCLOSED; THAT OCCUPANCY OF A RESIDENCE IN WHICH EMPLOYEE INTENDED TO LIVE BUT PRIOR TO INSTALLATION OF APPLIANCES NECESSARY FOR MEAL PREPARATION PRECLUDED PAYMENT OF ACTUAL COST OF MEALS PURCHASED SINCE HE WAS NOT OCCUPYING TEMPORARY QUARTERS, B-161348, MAY 31, 1967, COPY ENCLOSED.
ACCORDINGLY, OUR VIEW IS THAT AFTER MR. BYRD MOVED INTO THE RESIDENCE ON SEPTEMBER 6 HE NO LONGER OCCUPIED TEMPORARY QUARTERS WITHIN THE MEANING OF THE REGULATIONS AND APPLICABLE DECISIONS.
THE VOUCHER IS RETURNED HEREWITH AND MAY NOT BE CERTIFIED FOR PAYMENT.
Oct 19, 2018
Oct 17, 2018
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Department of Housing and Urban Development--Reconsideration
We deny the request for reconsideration.
B-414459.5
Oct 16, 2018
Oct 15, 2018
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